Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1782 of 2019 Petitioner :- Vikrant Pundir Alias Sonu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashwat Shukla Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0015 of 2019, under Section 376 I.P.C., P.S. Pilkhuwa, District Hapur.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; contention is that the victim herself is the first informant; further contention is that as per the first information report itself the girl was in a consensual relationship for the last more than five years with the petitioner no.1; further contention is that as per the first information report the girl was sexually molested with the promise to marry; it has not been disputed that the girl is aged 20 years and is an adult; much reliance has been placed on the chatting of the whatsapp messages, copy of which has been annexed on annexure-2 of the writ petition; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioners shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible, preferably within three months from the date of production of certified copy of the order.
Order Date :- 22.1.2019 R./